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2014 DIGILAW 2852 (MAD)

Chitravelu v. Chairman, State Level Environment Impact, Chennai

2014-08-25

M.JAICHANDREN, R.MAHADEVAN

body2014
Judgment R. Mahadevan, J. 1. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus, to direct the respondents to permit the petitioner and the members of the Manamadurai Matuvandi Thozhilalar Sangam to remove sand through bullock carts from Survey No.263, Karisalkulam village, Maanamadurai Taluk, Sivagangai District, based on the representation made on their behalf on 04.02.2013. 2. The learned counsel appearing on behalf of the petitioner submitted that the petitioner is the President of Manamadurai Mattuvandi Thozhilalar Sangam, Sivagangai, which is a registered trade union, registered under the Indian Trade Union Act, 1926, on 13.07.1993, having registration No.49/PPN with 137 members. The members of the said sangam are having bullock carts and they are using the same to carry sand for agricultural purpose and other purposes as required. They were also granted permit on payment of Rs.42/-per load for carrying sand from Vaigai River. While so, they have applied for renewal of the permit. The District Collector, Sivagangai District, the third respondent herein, had directed the fourth respondent to get permission for quarrying sand from the first respondent. It is further stated that the respondents 5 and 7 have also recommended for grant of permission to the applicant and based on the recommendations, the application was examined and considered for grant of permission for a period of two years to remove sand through bullock carts from Survey No.263. In the meantime, on 11.06.2013, a communication was received by the petitioner's sangam from the Hon'ble Chief Minister Cell stating that as soon as the clearance is obtained from the first respondent, quarrying will be started. Aggrieved by the said communication as indefinite, the petitioner is before this Court. 3. Heard Mr.K.Dinesh Babu, the learned counsel appearing on behalf of the petitioner, Mr.G.R.Swaminathan, the learned Assistant Solicitor General of India appearing on behalf of the first respondent and Mr.A.K.Baskara Pandian, the learned Special Government Pleader appearing on behalf of the respondents 2 to 7. 4. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had submitted that a general relief, as prayed for by the petitioner, cannot be granted. 4. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had submitted that a general relief, as prayed for by the petitioner, cannot be granted. They had submitted that individual can make a request to the authority concerned to remove sand by using bullock carts, if the use of such sand is meant for private consumption, as per rule 12(2) of the Tamil Nadu Minor Mineral Concession Rules, 1959. However, no general permission could be granted either to the petitioner or to the members of the Manamadurai Matuvandi Thozhilalar Sangam to remove sand from Survey No.263, Karisalkulam village, Maanamadurai Taluk, Sivagangai District, by using bullock carts, as prayed for by the petitioner in the present Writ Petition. 5. In view of the submissions made by the learned counsels appearing on behalf of the respondents, we are of the considered view that the relief prayed for by the petitioner in the Writ Petition cannot be granted. Hence, the Writ Petition shall stand dismissed. No costs.